Ballard v Brookfield Australia Investments Ltd [2013] NSWCA 18

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ballard v Brookfield Australia Investments Ltd [2013] NSWCA 18 Hearing dates: 8 January 2013 Decision date: 08 January 2013 Before: Ward JA Decision: Costs ordered on a party/party basis of the notices of motion [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - non-compliance with orders of the court - delay in filing submissions - indemnity costs orders only in the case of contumelious conduct - application for indemnity costs denied - party and party costs awarded - costs assessor may take delay and its consequences into account in their assessment Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dunstan v Rickwood (No. 2) [2004] NSWCA 266 Leichhardt Municipal Council v Green [2004] NSWCA 341 Sydney City Council v Geftlick [2006] NSWCA 280 Category: Costs Parties: David Ballard (Appellant/Respondent on motions) Brookfield Australia Investments Ltd (First Respondent/Applicant on motion) Multiplex Corporate Agency Ltd (Second Respondent/Applicant on motion) Construction Forestry Mining and Energy Union (Third Respondent/Applicant on motion) Construction Forestry Mining and Energy Union (New South Wales Branch) (Fourth Respondent/Applicant on motion) Andrew Ferguson (Fifth Respondent/Applicant on motion) Representation: Counsel: D M Loewenstein (Appellant/Respondent on motions) P Kulevski (First and Second Respondents/Applicants on motions) J H Pearce (Third to Fifth Respondents/Applicants on motions) Solicitors: Sagacious Legal Pty Ltd (Appellant) Clayton Utz (First & Second Respondents) Taylor & Scott Lawyers (Third, Fourth & Fifth Respondents) File Number(s): CA 12/169375 Decision under appeal Citation: [2011] NSWSC 426 Date of Decision: 2012-05-03 00:00:00 Before: McDougall J File Number(s): 07/266587